Transcript

Transcript WP2 Meeting #3 05 March.doc

Transcript WP2 Meeting #3 05 March.pdf

Recording

The Adobe Connect recording is available here:  https://icann.adobeconnect.com/p90e69gv213/

The audio recording is available here:  http://audio.icann.org/gnso/gnso-wp2-05mar15-en.mp3

Notes

WP2 call #3 - 5 February 2015

This call is being recording

WP2 documents - 
https://community.icann.org/display/acctcrosscomm/WP+2+Draft+Documents

Call for volunteers to join the work groups. Please email <accountability-staff@icann.org>  Anyone who has volunteered and not listed in the paper, please let staff know.

There will be an email list for each of the following new sub-groups.

• Community compact group:  statement of completeness and questions by next weeks call

• Ombudsman:  task, enhancements to current ombudsman function

• Request for reconsideration: Community view as an important improvement.

• Independent review reconsideration:

Items under the section "New Mechanisms", and new powers regarding the ICANN Ombudsman all moved to WP1.  Jordan has been told who the volunteers for each were.

Intention is for the descriptions of the enhancements and issues arising will be prepared so we can have a substantive discussion in Istanbul

Drafting should be complete by 19 March so the whole group can prepare for Istanbul (travel)

David Maher, lead: community compact group
Ed Morris, lead, Ombudsman
Becky Burr, lead, request for reconsideration
Robin Gross, lead independent review reconsideration

ICANN technical mission work stream has moved from WP1 to WP2.  Keith Drazek will continue to lead

Steve DelBianco:  issues for stress test.  4 refer to what happens if ICANN tried to exceed its limited technical mandate.  Responses are either proscriptive or restraining.  Independent review will need to refer to a standard against which to decide if ICANN has exceeded its mandate.   The review process may be the strongest mechanism CCWG creates.  Will share the 4 relevant stress tests.

Noted concern if the community could expand ICANN's mandate by consensus.

Suggestion that certain aspects should be frozen in the bylaws, with great care to allow for evolution, but to cast core principles in stone.

Mission statement. The list of commitments reflect the list found in ICANN's missions, bylaws, AoC and ideas suggested in CCWG. But the list should be finite enough to allow the organization to operate, but enough to make our expectations of organization clear.

No attempt being made by WP2 to redefine ICANN mission and core values.  But to capture the values in a more comprehensive way. So ICANN's behavior can be measured against it.

Advisors, the articles of incorporation are limited in scope. The state requires ICANN to maintain these documents, believe they have not been changed to date.  Some matters to do with the structure of the organizations, such as membership, might require a modification.

Constraining the purpose of the organization in the articles of incorporation may worth looking at and protecting.

Concern about possible limitation in the text about the consensus policies - ongoing for the group

Action items 

Staff:  mailing lists for the 4 sub-working groups

Keith Drazek: will begin a cross-reference of the Mission/Values/Powers and
the Articles

All groups/volunteers:  drafting should be complete by 19 March

Becky Burr: to check leadership of the 4 sub-groups correct and agreed by the individuals concerned 

END

Action Items

• Staff:  mailing lists for the 4 sub-working groups
• Keith Drazek: will begin a cross-reference of the Mission/Values/Powers and the Articles
• All groups/volunteers:  drafting should be complete by 19 March
• Becky Burr: to check leadership of the 4 sub-groups correct and agreed by the individuals concerned 

Documents Presented

Work Item List and Principles WP2 PDF.pdf

Chat Transcript

  Becky Burr: (3/5/2015 13:58) alice, this is the wrong chart.  i sent an updated chart around yesterday

  Becky Burr: (13:58) whoops, i just see that i didn't send it.  over to you now

  Brenda Brewer: (14:00) Getting your updated chart now Becky.

  Becky Burr: (14:02) thanks Brenda

  Brenda Brewer: (14:03) No need to call back in Becky

  Steve DelBianco  [GNSO - CSG]: (14:04) I'll bet Becky has her Adobe Connect speakers ON

  Brenda Brewer: (14:04) you need to mute speaker on AC

  Steve DelBianco  [GNSO - CSG]: (14:04) Just mute your Adobe speaker Becky

  Brenda Brewer: (14:04) turn the volume down on Adobe

  Becky Burr: (14:04) no volume at all in adobe.  on a phone

  Brenda Brewer: (14:05) we willhear you through phone.  that works.  I hear you.

  Edward Morris: (14:10) hi Becky. I've volunteered for Recon as well. Please add.

  David McAuley: (14:18) yes - having mic problems

  David McAuley: (14:19) i can but out of touch tomorro to monday am

  Robin Gross [GNSO - NCSG]: (14:19) sure

  David McAuley: (14:22) I can make calls to others but will have no access

  Carlos Raul Gutierrez: (14:22) Im on the computer now

  Steve DelBianco: (14:23) I'll check on that and send right away

  Steve DelBianco: (14:23) My microphone not working in Adobe

  Brenda Brewer: (14:23) try now steve

  Steve DelBianco: (14:24) proscriptive measures are distinct from remedies AFTER the board makes a decision.

  Carlos Raul Gutierrez: (14:24) Brenda: I´m on my computer now. Will hang up

  Carlos Raul Gutierrez: (14:24) no need to call me back

  Steve DelBianco: (14:24) Adobe Mic not working.  SOrry!

  Steve DelBianco: (14:24) dialing in now

  Carlos Raul Gutierrez: (14:25) silent, but present!!!! :?

  Steve DelBianco: (14:26) I have audio and Mic now, Becky

  David McAuley: (14:26) i do as well

  Robin Gross [GNSO - NCSG]: (14:30) yes, we need to be able to restrain the community from expanding the organization's mission

  Markus Kummer: (14:35) @ Steve: I agree -- we need belts and suspenders!

  Steve DelBianco: (14:35) @Markus -- I understnad most Swiss Men actually do wear belts AND suspenders!

  Steve DelBianco: (14:36) Just kidding

  Robin Gross [GNSO - NCSG]: (14:37) Perhaps we can't have an absolute ability to prevent mission creep (bylaws can be changed), but we can make it difficult to make those changes.  So it is degrees of constraint if we can't have absolute constraints.

  Markus Kummer: (14:38) @Robin: that's the point - make it almost impossible to change core changes!

  Keith Drazek: (14:38) The MIssion Statement in the current bylaws also refers to Values and Powers that are important to consider in this discussion.

  Steve DelBianco: (14:43) ARTICLES OF INCORPORATION

  Samantha Eisner: (14:43) https://www.icann.org/resources/pages/governance/articles-en

  Adam Peake: (14:44) Steve, aplogies, we don't have Stress Test 16 to hand

  Steve DelBianco: (14:44) we're past that now

  Becky Burr: (14:47) could you put the mission/compact language back up?

  Brenda Brewer: (14:47) yes

  Keith Drazek: (14:47) Thanks to Samantha and Greg for this helpful context.

  David Maher (GNSO - RySG): (14:48) The articles may be amended by 2/3 vote of the directors

  Brenda Brewer: (14:50) The Stress Test 16 is available: https://community.icann.org/display/acctcrosscomm/ST-WP+Draft+Documents

  Markus Kummer: (14:52) The example I mentioned of the Swiss Association also provides for the possibility of amending the artciles with a 2/3  majority with the exemption of some articles that are intangible.

  Keith Drazek: (14:52) Markus, was that a 2/3 majority of members or directors?

  Markus Kummer: (14:53) It is a membership association and would need a 2/3 majority of all members. Bit the point is that some articles are intangible!

  Keith Drazek: (14:54) Yes agreed.

  Greg Shatan: (14:54) Sam you broke up there

  Keith Drazek: (14:55) Becky, I will begin a cross-reference of the Mission/Values/Powers and the Articles.

  Becky Burr: (14:59) thank you Keith

  Steve DelBianco: (14:59) and there is also IPLEMENTATION of policy, where the community may believe that management failed to implement  or went too far.  Thats why we need community power to challenge board/management action

  Bruce Tonkin: (15:00) I think Samanatha covered the point on types of polciies fairly well.

  Samantha Eisner: (15:01) Becky, maybe we're discussing a difference in interpretation regarding the word 'COnsensus Policy" in the contract and then policies developed by consensus?

  Bruce Tonkin: (15:01) I think there are really two braod types of policies at ICANN.   One affects what registries and registrars must do - e.g transfers policy and WHOPIS policy, and the other type is policies that predominately staff must follow - e.g a meetings policy or travel policy etc.   I think the community can create policies in eitehr area via cosnensus and the Board approves them.

  Keith Drazek: (15:01) There's a very clear process in place for developing consensus policies, which establishes a level of accountability. Non-consensus policy development may have lower levels of predictability and therefore potentially less accountability. And yes, the implementation issue is a whole other kettle of fish.

  Bruce Tonkin: (15:02) The new gTLD policy is a bit of a hybrid.   It places no obligations on existing registrars and registries on anyything they must do - but if you are a new registreis - then you obviously have to follow the new gTLD policies.

  Samantha Eisner: (15:02) Bruce, yes, there are a range of operational policies as well

  Bruce Tonkin: (15:02) Becky is right ta the term with capitals "COnsensus Policies" relates has to be considered in context of the discussion.

  Carlos Raul Gutierrez: (15:02) thnak you

  Keith Drazek: (15:02) Thanks Becky

  Adam Peake: (15:02) thank you

  David McAuley: (15:02) thanks

  Robin Gross [GNSO - NCSG]: (15:02) Thanks, Becky, and All!

  Markus Kummer: (15:02) Thanks and good.-bye!

  Becky Burr: (15:02) agree,  more discussion needed

  Pedro Ivo Silva [GAC Brasil]: (15:03) good night. Bye